Foreign-Trade Zone 38; Application for Production Authority; Teijin Carbon Fibers, Inc.; (Polyacrylonitrile-Based Carbon Fiber); Extension of Comment Period on Submission Containing New Evidence, 12912 [2023-04165]
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–52–2020]
Foreign-Trade Zone 38; Application for
Production Authority; Teijin Carbon
Fibers, Inc.; (Polyacrylonitrile-Based
Carbon Fiber); Extension of Comment
Period on Submission Containing New
Evidence
The comment period on a submission
containing new evidence pertaining to
the application, as amended, submitted
on behalf of Teijin Carbon Fibers, Inc.
requesting production authority within
FTZ 38, is being extended to April 30,
2023, to allow interested parties
additional time in which to comment.
Rebuttal comments may be submitted
during the subsequent 15-day period,
until May 15, 2023. Submissions shall
be addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov.
For further information, contact Diane
Finver at Diane.Finver@trade.gov.
Dated: February 23, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2023–04165 Filed 2–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Ilya Balakaev,
Sharikopodshipnikovkaya 20–68,
Moscow, Russian Federation;
Radiotester OOO a/k/a Radiotester
LLC, Sharikopodshipnikovskaya 11,
Building 1, Moscow, 115088, Russian
Federation; and Volgograd Prospect,
House 2, Moscow, 109316, Russian
Federation; Order Temporarily Denying
Export Privileges
ddrumheller on DSK120RN23PROD with NOTICES
Pursuant to section 766.24 of the
Export Administration Regulations (the
‘‘Regulations’’ or ‘‘EAR’’),1 the Bureau of
1 The Regulations, currently codified at 15 CFR
parts 730–774 (2020), originally issued pursuant to
the Export Administration Act (50 U.S.C. 4601–
4623 (Supp. III 2015) (‘‘EAA’’), which lapsed on
August 21, 2001. The President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001
Comp. 783 (2002)), as extended by successive
Presidential Notices, continued the Regulations in
effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012))
(‘‘IEEPA’’). On August 13, 2018, the President
signed into law the John S. McCain National
Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of
2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While section
1766 of ECRA repeals the provisions of the EAA
(except for three sections which are inapplicable
here), section 1768 of ECRA provides, in pertinent
part, that all orders, rules, regulations, and other
forms of administrative action that were made or
VerDate Sep<11>2014
18:10 Feb 28, 2023
Jkt 259001
Industry and Security (‘‘BIS’’), U.S.
Department of Commerce, through its
Office of Export Enforcement (‘‘OEE’’),
has requested the issuance of an Order
temporarily denying, for a period of 180
days, the export privileges under the
Regulations of: Ilya Balakaev and
Radiotester OOO a/k/a Radiotester LLC.
OEE’s request and related information
indicates that these parties are located
in the Russian Federation, at the
respective addresses listed on the
caption page of this order and on pages
12–13, infra, and that Balakaev, a
Russian national, owns or controls
Radiotester OOO a/k/a Radiotester LLC
(referred to collectively as
‘‘Radiotester’’).
I. Legal Standard
Pursuant to section 766.24, BIS may
issue an order temporarily denying a
respondent’s export privileges upon a
showing that the order is necessary in
the public interest to prevent an
‘‘imminent violation’’ of the
Regulations. 15 CFR 766.24(b)(1) and
766.24(d). ‘‘A violation may be
‘imminent’ either in time or degree of
likelihood.’’ 15 CFR 766.24(b)(3). BIS
may show ‘‘either that a violation is
about to occur, or that the general
circumstances of the matter under
investigation or case under criminal or
administrative charges demonstrate a
likelihood of future violations.’’ Id. As
to the likelihood of future violations,
BIS may show that the violation under
investigation or charge ‘‘is significant,
deliberate, covert and/or likely to occur
again, rather than technical or
negligent[.]’’ Id. A ‘‘[l]ack of information
establishing the precise time a violation
may occur does not preclude a finding
that a violation is imminent, so long as
there is sufficient reason to believe the
likelihood of a violation.’’ Id.
Pursuant to sections 766.23 and
766.24, a temporary denial order
(‘‘TDO’’) may also be made applicable to
other persons if BIS has reason to
believe that they are related to a
respondent and that applying the order
to them is necessary to prevent its
evasion. 15 CFR 766.23(a)–(b) and
766.24(c). A ‘‘related person’’ is a
person, either at the time of the TDO’s
issuance or thereafter, who is related to
a respondent ‘‘by ownership, control,
position of responsibility, affiliation, or
issued under the EAA, including as continued in
effect pursuant to IEEPA, and were in effect as of
ECRA’s date of enactment (August 13, 2018), shall
continue in effect according to their terms until
modified, superseded, set aside, or revoked through
action undertaken pursuant to the authority
provided under ECRA. Moreover, section 1761(a)(5)
of ECRA authorizes the issuance of temporary
denial orders.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
other connection in the conduct of trade
or business.’’ 15 CFR 766.23(a). Related
persons may be added to a TDO on an
ex-parte basis in accordance with
section 766.23(b) of the Regulations. 15
CFR 766.23(b).
II. OEE’s Request for a Temporary
Denial Order
As further detailed below, OEE’s
request is based upon facts indicating
that Balakaev engaged in conduct
prohibited by the Regulations by
unlawfully procuring and exporting
from the United States electronic
devices subject to the EAR to the
Federal Security Service of the Russian
Federation (‘‘FSB’’), a BIS-listed entity
located in the Russian Federation
(‘‘Russia’’), and to the Democratic
People’s Republic of Korea (‘‘North
Korea’’ or ‘‘DPRK’’) without the required
U.S. government authorization.
‘‘Export’’ is defined in the EAR as an
‘‘actual shipment or transmission out of
the United States, including the sending
or taking of an item out of the United
States, in any manner.’’ 15 CFR
734.13(a)(1).2
The FSB is listed on the Commerce
Department’s Entity List 3 with a policy
of denial for all items subject to the EAR
with limited exceptions for transactions
authorized by the Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) pursuant to General
License No. 1B of March 2, 2021.4 As a
result of this listing, no item subject to
the Regulations may be exported,
reexported, or transferred (in-country) to
the FSB without prior authorization
from BIS, and BIS will review any
license applications for the FSB
pursuant to a policy of denial.5 The FSB
was originally listed on the Entity List
on January 4, 2017,6 with a license
review policy of presumption of denial
2 ‘‘Item’’ means ‘‘commodities, software, and
technology.’’ 15 CFR 772.1. Further, ‘‘technology’’
may be in any tangible or intangible form, such as
written or oral communications, blueprints,
drawings, photographs, plans, diagrams, models,
formulae, tables, engineering designs and
specifications, computer-aided design files,
manuals or documentation, electronic media or
information revealed through visual inspection. Id.
3 The Entity List (supplement no. 4 to part 744 of
the EAR) identifies entities for which there is
reasonable cause to believe, based on specific and
articulable facts, that the entities have been
involved, are involved, or pose a significant risk of
being or becoming involved in activities contrary to
the national security or foreign policy interests of
the United States.
4 See 87 FR 34131 (Jun. 6, 2022). See also sections
734.9(g), 746.8(a)(3), and 744.21(b) of the EAR.
5 Id.
6 See 82 FR 722 (Jan. 4, 2017). See also 82 FR
18219 (Apr. 18, 2017), 86 FR 37903 (Jul. 19, 2021),
87 FR 12240 (Mar. 3, 2022), and 87 FR 34136 (Jun.
6, 2022) for additional listings of FSB-related
entities on the Entity List.
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[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Page 12912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04165]
[[Page 12912]]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B-52-2020]
Foreign-Trade Zone 38; Application for Production Authority;
Teijin Carbon Fibers, Inc.; (Polyacrylonitrile-Based Carbon Fiber);
Extension of Comment Period on Submission Containing New Evidence
The comment period on a submission containing new evidence
pertaining to the application, as amended, submitted on behalf of
Teijin Carbon Fibers, Inc. requesting production authority within FTZ
38, is being extended to April 30, 2023, to allow interested parties
additional time in which to comment. Rebuttal comments may be submitted
during the subsequent 15-day period, until May 15, 2023. Submissions
shall be addressed to the Board's Executive Secretary and sent to:
[email protected].
For further information, contact Diane Finver at
[email protected].
Dated: February 23, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2023-04165 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-DS-P
